Discuss about the European Union Law.
The law of European Union is most efficient law which has got much success in legal supranational order. Twenty Seven states with membership are transferred under European Union Law with sovereign rights. Various states and territories are functioned with the operation of the law with several arts, regulations and articles ruled as per legal regulations. In the case scenario a case has been described where the migrant is needed permission to enter the state. Klaus is from Austria and he wants to live in UK permanently as he has accepted the offer of Blank Shire University in England as a professor of European Union law so he want to stay their permanently but the country is not allowing him and his family to stay there[1].
As per case scenario Klaus, Imelda and Katira deserves free movement of person act. At this case Klaus and his family should fight for their own rights. In concept of citizenship there are some European Union law’s rights[2]. These rights are described in several articles. They have some citizenship concept of freedom act as follows:
Art 20 TFEU (Art 17) – Here the concept describes, from which it declares that the person by whom the nationality in holder ship can be defined as Union’s citizen. National citizenship should not be replaced. Rights of conferred by treaty should be enjoyed by the citizens.
Art 21 TFEU (art 18) – Here it is stated that the citizen of every state have right to reside and move with territorial freeness[3].
As rights of free movement as per union law can be applied by European Law, so it can be said that whenever a citizen is in any taboo then he or she can apply some rights of EU laws. In case of Klaus as he is a PHD law teacher in European Union law so he can apply those laws in his family. As his wages are less, so he wants social assistance for support of finance in his family. However when he is rejected by not allowing such compensation then in this case he can ask court in application of ‘Right to receive service act’. This is Article 56 (Art 49). As per this act Klaus can demand social support and assistance from UK government and they cannot reject it as per law. Directive 90/364 in social assistance of sickness insurance as per public political right in basis of the European Union law should be adopted in this case.
In case of his wife Imelda, as she is a trained nurse in Philippines and worked in Australia for several years but when she applied to work in NHS as a nurse in UK public hospital, the UK government did not allowed her to work there because she is not EU citizen but still she can apply her rights for Workers Article 45 TFEU (formerly art 39). The free movement act can be prospected by this article. By this article she can claim the allowance for the job. Direct [4]2004/38 is ceased in the act as per European Union law for the worker who needs work in the city.
Another case is the case of their daughter Katira. When she was 15 year old she went to France for a holiday to meet her fiancé, but there she got arrested in conviction of allegation drugs taking and for that she is punished that she would not be allowed to enter France. In this case she can take help from European laws but she has to prove that she is innocent and has never taken drugs. She has to appeal in court for the right of established article 49 (formerly art 43).
There are many other acts which should be followed if any citizen is restricted by any social rights. Those rights are, Right of establishment article 49 (formerly art 43); right to receive service article 56 (art 49), etc[5].
The right which should be applied for the case of Imelda, free movement of workers are allowed from one country to other for work purpose as per European Union law. This right secure the workers from community problems. Discrimination in the basis of nationality of workers employment as per other country’s basis should be abolished. This is stated in this law. Justified grounds public policies are entailed in this case. Moving freely from one territory to another is stated in the act[6].
For the case of Katira, Klaus and Imelda, rights of entry and residence directive 2004/38 should be derived as basis of Article 5. The prejudicial provisions should not be followed. The Union citizen should be granted to enter any of the territory with passport and identity card which is valid. Union citizens would be allowed to enter without any entry visa. But the person’s family member requires entry visa according to Regulation (EC) No 539/2001 and in directive law residence card is also needed referred to Article 10. Every type of facility should be granted by member state for applying visa. This should be followed in the case of Katira. She should be allowed to enter in France with visa which is valid but any type of criminal record or allegation with which she is accused should be anyhow tried to be proved that she is innocent and she should get one chance to enter the country for some time as per her need. But things which are needed if not fulfilled then the person would be liable to break the European law and in that case they would not allowed to enter the country and not only that if the valid identity card, passport and visa is not founded then they would be enforceable and would be punished under law[7].
According to article 6 right to residence would be for three months if the person is union citizen and from other territory. In this case visa is not necessary but passport and valid identity card is necessary. According to Article 7 if a person wishes to live more than three months then the Government will see either the person is self employed or not who seeks to stay there for more than three months. Not only that but they will also see that the resource of the person is sufficient or not for staying there. And authorised valid visa will also be checked in the case[8].
It can be defined that the person who wants permanent residence their can leave their home country and can co to another country with valid documents as per EU law. According to Regulation 492/2011 of article 7 equality of treatment should be done both for the person of the country and migrant to the country. The social taxes and other advantages of the country should be enjoyed in similar manner[9].
As per equal treatment of Directive 2004/38 of Article 24 the migrant host members and the country’s members should be given equal rights in basis of law. The migrant worker who has come from different countries has equal trade union right as per public law of European Union. As per worker’s family right’s regulation 492/2011 and replacing regulation 1612/68 with the directive 2004/38 or retention residence the family of the worker has right to live with him or her. As in case of Klaus, as he is a migrant worker from Austria to UK. Here his family also has right to stay with him and discrimination should not be done. Not only that but the spouse and the children would also be allowed employment in the state[10].
As per Right to Remain act in Art 12-14 of Directive 2004/38 the migrant wo0rkers can stay permanently up to their retirement. If the state legal rules have not been followed by the peoples of the country then penalty or legal consequences would have to be given if any rule is violated. Article 27, 28 and 29 gives the custodial case with penalty which has to be given by the person who breaches the law[11].
If the laws and rules not followed for the entry of the country then some criminal convictions will be followed under the article where the person would be punished as per law. Twenty Seven states with membership are transferred under European Union Law with sovereign rights[12]. Various states and territories are functioned with the operation of the law with several arts, regulations and articles ruled as per legal regulations and it is very necessary to follow the rules and regulations. The rights and duties, both should be applied by every citizen as per law. To enjoy equality rights of any country or to lead a life without problem rules and regulations as per law should be implemented by every citizen. This is the duty of every citizen[13].
As per European Union law Klause, Katira and Imelda seeks the necessity to stay in the country of UK[14]. Imelda wants to be employed in the country and Katira wants to enjoy some days in France for holiday and no one of them are allowed as per law but if they use European Union law rights then their problems can be solved. In that law of freedom act with several articles and regulations has been stated as per rule[15]. But if the three of them in the related case violate any rules then criminal offence would be suspected and as per laws they would be punished. Especially in the case of Katina she is wrongly given allegation of drug taking in France[16]. So in that case it is very necessary for her to prove that the allegation given on her is totally wrong. If she proves that, than only she would get the entry to live in France for some days otherwise she would not be entertained with such kind of help at any legal basis[17].
The assignment has described the consequences of the law and the rights of the migrant from one country to another[18]. The European Union law not only stated the rights as per measured articles but has also shown the way by which many migrants who have came for work purpose are benefitted with equality in the country after coming from another country for their need[19]. The law of European Union is most efficient law which has got much success in legal supranational order received from different countries following the strict rules and regulation for the development of country following several acts, rules, articles, regulations and several other implementations for the help of citizens in the country and from the other country.[20]
References:
[1] Catherine Barnard and Steve Peers, European Union Law.
[2] Nigel G Foster, EU Law (Oxford University Press 2010).
[4] Margot Horspool, European Union Law (Oxford University Press 2006.
[5] Thomas Wilhelmsson, Perspectives Of Critical Contract Law (Dartmouth 2003).
[6] Jacek Przybojewski, ‘Relations Of The European Union Law With Polish Legal Order’ (2015) 2 Law and Administration in Post-Soviet Europe.
[7] M. Bell, ‘Equality And The European Union Constitution’ (2004) 33 Industrial Law Journal.
[8] Alina Kaczorowska, European Union Law (Routledge-Cavendish 2009).
[9] John Cooper, ‘Criminal Law – Would Louise’S Life Have Been Safer In The Hands Of The English Legal System?’ (2012) 1998 ac.
[10] Margot Horspool, European Union Law (Oxford University Press 2006).
[11] Penelope Kent, European Union Law (Sweet & Maxwell 2003).
[12] Rochelle Goldberg Ruthchild, Equality & Revolution (University of Pittsburgh Press 2010).
[13] Dagmar Schiek and Anna Lawson, European Union Non-Discrimination Law And Intersectionality (Ashgate Pub 2011).
[14] Josephine Steiner and others, EU Law (Oxford University Press 2006).
[15] Koenraad Lenaerts and others, EU Procedural Law 2014.
[16] Erica Howard, ‘EU Equality Law: Three Recent Developments’ (2011) 17 European Law Journal.
[17] Charilaos Nikolaidis, The Right To Equality In European Human Rights Law.
[18] Nigel G Foster, EU Law (Oxford University Press 2008).
[19] M. Bell, ‘Equality And The European Union Constitution’ (2004) 33 Industrial Law Journal.
[20] Rainer Bauböck, ‘Why European Citizenship? Normative Approaches To Supranational Union’ (2007) 8 Theoretical Inquiries in Law.
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